Madras High CourtCMP(MD)/1707/2017allowed

John Vaseekaran(Died) v. Mohandoss,

2017-02-23Honourable Mr Justice Rmt. Teekaa Raman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty third day of February Two thousand and seventeen PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.1707 to 1710 of 2017 IN SA(MD) No.947 of 2005 JOHN VASEEKARAN(DIED) ...APPELLANT/DEFENDANT/RESPONDENT 1 JAYARANI 2 JENITHA 3 RATHISH 4 ANANTH EUGIN ... PETITIONERS/APPELLANTS IN ALL CMP'S Vs MOHANDOSS ...RESPONDENT/RESPONDENT IN ALL CMP'S Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order in SA(MD).No.947/2005 dated 18/08/2016 before this Honourable Court.

Prayer in CMP(MD). 1708/ 2017 :

This petition is filed under section 5 of limitation act to condone the delay of 217 days in filing the set aside made in S.A.No.947/2005 Prayer in CMP(MD). 1709/ 2017 :

This Petition is filed under order 22 Rule 9(2) of Civil procedure code to set aside the abatement caused by the death of the sole appellant in the above SA.No.947/2005.

Prayer in CMP(MD). 1710/ 2017 :

This Petition is filed under order 22 Rule 3 of Civil Procedure Code, to bring on record the following persons viz., this petitioner Jeyarani, Jenitha, Rathis, Anand Eugin as the legal heirs of the deceased sole appellant and implead the proposed appellants as appellant 2 to 4 in the above second appeal SA.No.947 of 2005. Prayer in SA(MD). 947/ 2005 :

This Petition is filed under section 100 of Civil Procedure code preferred against the Judgment and Decree of the Learned Subordinate Judge, Tuticorin in AS.125/2004 dated 18/02/2005 preferred against the Judgment and Decree of the Learned District Munsif, Sathankulam in OS.2/2004 dated 23/06/2004.

This Petition coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof and the https://hcservices.ecourts.gov.in/hcservices/

earlier order of this Court upon hearing the arguments of Mr.J.M.Hassanul Bazari,Advocate for the petitioner and of Mr.M.P.Senthil,Advocate for the Respondent, this Court made the following order:- Heard both sides.

The Learned Counsel for the respondent has no objection allowing the above miscellaneous petitions.

Accordingly,all these Miscellaneous petitions are allowed. Registry is directed to effect amendment in the cause title suitably.

Post the appeal on 20/3/2017 for final hearing. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar TO 1 THE SUBORDINATE JUDGE, TUTICORIN.

2 THE DISTRICT MUNSIF,SATHANKULAM.

COPY TO:

THE SECTION OFFICER, JUDICIAL POSTING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

DATE OF ORDER:23.02.2017 DATE OF HEARING:20/3/2017 RESTORE CRL MP(MD) No.1707 TO 1710/2017 IN SA.NO.947/2005 Giving direction etc as stated within.

KK-PMPN-16.03.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/